Common use of WORK STOPPAGE Clause in Contracts

WORK STOPPAGE. 3.1 Apart from and in addition to existing legal restrictions upon work stoppages, the Union hereby agrees that neither it nor its parent/affiliates nor their respective officers, agents, representatives or members, or the employees, or persons acting in concert with any of them, shall incite, encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatever during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of Article 5, disputes which are specifically not subject to the grievance provisions of Article 5, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown or work stoppage or threat thereof, the Union and its parent/affiliates and their respective officers, agents and representatives will do everything within their power to end or avert the same. 3.2 Upon the Union's violation of Paragraph 3.1, and in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Union to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union such changes in wages, hours, and terms and conditions of employment of unit members covered hereby as are, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system. 3.3 Any unit member authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, work stoppage, or other concerted interference in violation of this Article, or refusing to perform duly assigned services in violation of this Article, shall be subject to termination. The District reserves the right to selectively discipline unit members hereunder. 3.4 In the event that the Union, its officers, agents or representatives, or the unit members or persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance provisions of Article 5, the Union (and the unit members) shall be deemed to have waived the right to process the grievance or dispute through the grievance procedures and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect thereto.

WORK STOPPAGE. 3.1 A. Apart from and in addition to existing legal restrictions upon work stoppages, the Union Association hereby agrees that neither it nor its parent/affiliates parent affiliate California School Employees Association, nor their respective officers, officials, agents, representatives or members, or the employees, or persons acting in concert with any of themrepresentatives, shall incite, encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatever whatsoever against the District during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance and arbitration provisions of Article 5, disputes which are specifically not subject to the grievance provisions of Article 5IV, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown or work stoppage or threat thereof, the Union Association and its parent/affiliates parent affiliates, and their respective officers, agents agents, representatives and representatives responsible officials will do everything reasonably within their power to end or avert the same. 3.2 Upon the Union's violation of Paragraph 3.1, and in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Union to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union such changes in wages, hours, and terms and conditions of employment of unit members covered hereby as areB. Also, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system. 3.3 Any unit member authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, work stoppage, or other concerted interference in violation of this Article, or refusing to perform duly assigned services in violation of this Article, shall be subject to termination. The District reserves the right to selectively discipline unit members hereunder. 3.4 In the event that the UnionAssociation its parent affiliates, its officers, agents or representatives, or the unit members or of persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance provisions of Article 5IV, the Union (Association, and the unit members) members represented therein, shall be deemed to have waived the right to process the grievance or of dispute through the grievance procedures to arbitration and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's ’s last stated position with respect thereto. C. The District hereby agrees not to cause, or attempt to cause, a lockout of unit members during the term of this agreement. D. The District agrees that it will do everything reasonable within its power to provide for the safety of unit members and their possessions, when said unit members are working during a work stoppage directed against the District by any other labor organization.

WORK STOPPAGE. 3.1 A. Apart from and in addition to existing legal restrictions upon work stoppages, the Union Association hereby agrees that neither it nor its parent/affiliates parent affiliate California School Employees Association, nor their respective officers, officials, agents, representatives or members, or the employees, or persons acting in concert with any of themrepresentatives, shall incite, encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatever whatsoever against the District during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance and arbitration provisions of Article 5, disputes which are specifically not subject to the grievance provisions of Article 5IV-Grievance Procedures, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown or slowdown, work stoppage stoppage, or threat thereof, the Union Association and its parent/affiliates parent affiliates, and their respective officers, agents agents, representatives, and representatives responsible officials, will do everything reasonably within their power to end or avert the same. 3.2 Upon the Union's violation of Paragraph 3.1, and in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Union to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union such changes in wages, hours, and terms and conditions of employment of unit members covered hereby as areB. Also, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system. 3.3 Any unit member authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, work stoppage, or other concerted interference in violation of this Article, or refusing to perform duly assigned services in violation of this Article, shall be subject to termination. The District reserves the right to selectively discipline unit members hereunder. 3.4 In the event that the UnionAssociation, its officersparent affiliates, agents or representatives, or the unit members or of persons acting in concert with them them, have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance provisions of Article 5IV-Grievance Procedures, the Union (Association, and the unit members) members represented therein, shall be deemed to have waived the right to process the grievance or of dispute through the grievance procedures to arbitration and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's ’s last stated position with respect thereto. C. The District hereby agrees not to cause, or attempt to cause, a lockout of unit members during the term of this agreement. D. The District agrees that it will do everything reasonable within its power to provide for the safety of unit members and their possessions, when said unit members are working during a work stoppage directed against the District by any other labor organization.

WORK STOPPAGE. 3.1 Apart from and in addition to existing legal restrictions upon work stoppagesA. It is agreed that for the duration of this Agreement, the Union Association hereby agrees that neither it nor its parent/affiliates nor their respective officers, agents, representatives or members, or the employeesagents or representatives, or persons acting in concert with any of them, unit members shall incite, encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatever during the life of this Agreement for any cause kind or dispute whatsoever or wheresoever located, including but not limited refusal to disputes which are subject to the grievance provisions of Article 5, disputes which are specifically not subject to the grievance provisions of Article 5, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputesperform job functions and responsibilities. In the event of any strike, walkout, slowdown or work stoppage or threat thereof, the Union Association and its parent/affiliates and their respective officers agree in good faith to take all necessary steps to cause those employees to cease such action. B. Should the Association and/or any of its members, officers, agents and agents, or representatives will do everything within their power to end or avert the same. 3.2 Upon the Union's violation violate Paragraph A of Paragraph 3.1, this Article and in addition to the District's ’s rights to judicial relief in the form of the injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Union to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union Association, such changes changes, in wages, hours, and terms and conditions of employment of unit members employees covered hereby as are, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system. 3.3 C. Any unit member authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, picketing in support of an illegal concerted activity, work stoppage, or other concerted interference in violation of this Article, or refusing to perform duly assigned services in violation of this Article, shall be subject to termination. The District reserves the right to selectively discipline unit members hereunder. 3.4 D. In the event that the Union, its officers, agents or representatives, or the unit members or persons acting in concert with them have violated the provisions of this Article is violated over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance and arbitration provisions of Article 5Articles V and VI, the Union Association (and the unit membersemployees) shall be deemed to have waived the right to process the grievance or dispute through the grievance procedures to arbitration and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's ’s last stated position with respect thereto. Nothing in this Article shall be construed to grant any right of concerted action or to waive any legal rights otherwise available to either of the parties.

WORK STOPPAGE. 3.1 6.1 Apart from and in addition to existing legal restrictions upon work stoppages, the Union Association hereby agrees that neither it nor its parent/affiliates nor their respective officers, officials, agents, representatives or members, or the employees, or persons acting in concert with any of themrepresentatives, shall incite, encourage, encourage or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatever whatsoever against the District during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of Article 58, disputes which are specifically not subject to the grievance provisions of Article 58, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown or work stoppage or threat thereof, the Union and its parent/affiliates Association and their respective officers, agents agents, representatives and representatives responsible officials will do everything reasonably within their power to end or avert the same. Violation hereof will subject violators to legal and equitable judicial relief. 3.2 Upon the Union's violation 6.2 The Association hereby agrees that neither it nor its officers, officials, agents, or representatives, shall incite, encourage or participate in any strike, walkout, slowdown or other work stoppage of Paragraph 3.1, and in addition to the District's rights to judicial relief in the form of injunctions and damages, any nature whatsoever against the District may suspend or terminate during the life of this Agreement upon written notice to the Union to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union such changes in wages, hours, and terms and conditions of employment of unit members covered hereby as are, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school systemAgreement. 3.3 6.3 Any unit member authorizing, counselor engaging in, encouraging, sanctioning, recognizing in or assisting any strike, slowdown, work stoppage, or other concerted interference with the District's normal operations in violation of this Article, or refusing to perform duly assigned services in violation of this Article, shall be subject to termination. The District reserves the right to selectively discipline unit members employees hereunder. 3.4 In 6.4 Also, in the event that the UnionAssociation, its officersmembers, agents or agents, representatives, or the unit members counselors or persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance provisions of Article 58, the Union (Association, and the unit members) counselors represented therein, shall be deemed to have waived the right to process the grievance or dispute through the grievance procedures and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect thereto.

WORK STOPPAGE. 3.1 Apart ‌ A. PPH and the Association acknowledge that PPH differs in its operations from other non- healthcare industries because of the type of service it renders to the community and in addition for humanitarian reasons. Therefore, during the term of this Agreement the parties agree to existing legal restrictions upon work stoppages, the Union hereby agrees that neither it conditions of this Article. B. Neither the Association nor its parent/affiliates nor their respective officers, agents, representatives or members, or the employees, or persons acting in concert with any of them, Registered Nurses shall incite, encourage, threaten to or participate in any strike, walkout, slowdown, sickout, sympathy strike or other work stoppage of any nature whatever (collectively referred to as “work stoppage”) during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of Article 5, disputes which are specifically not subject to the grievance provisions of Article 5, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown slowdown, sympathy strike, or work stoppage or threat thereof, the Union Association and its parent/affiliates and their respective officers, agents and representatives officers will do everything within their power to end or avert the same. 3.2 Upon C. PPH, for its part, agrees that there shall be no lockout of Registered Nurses during the Union's term of this Agreement. D. Disputes contending that there are violations of Paragraphs B and C of this Article shall not be subject to the grievance and arbitration provisions contained in Articles 7 (Grievance Procedure) and 8 (Arbitration). E. Since time is of the essence in settling such disputes, in the event of a claimed violation or threat of violating any of the provisions of this Article, the party claiming such violation, in its sole discretion, shall have the choice of pursuing independently or concurrently any of the following courses of action: 1. Submit such claim directly to an appropriate State Court and such claim may be submitted without regard to the arbitration provisions set forth herein. Each party hereby waives its right to remove any such action instituted to a Federal Court, and consents to the jurisdiction of the State Courts to hear the claim. 2. File an unfair labor practice charge with the Public Employment Relations Board. 3. Submit such claim to arbitration as follows: The claim shall be filed orally with an arbitrator listed in Article 8 (Arbitration) of this Agreement and the other party shall be notified orally. The arbitration hearing shall be held within eight (8) hours (or as soon thereafter as is possible) after filing of the claim. Continuance of said hearing shall be determined by the arbitrator. Absence from or nonparticipation at the hearing by any party shall not prevent the issuance of an award. Hearing procedures that will expedite the hearing may be ordered at the arbitrator’s discretion and the arbitrator may close the hearing in his or her sole discretion when the arbitrator decides that he or she has heard sufficient evidence to satisfy issuance of an award. The arbitrator’s award shall be rendered as expeditiously as possible and in no event later than twelve (12) hours after the close of the hearing. In the event the arbitrator finds that this Article has been violated, the arbitrator shall, as a part of his or her award, enjoin any continued or prospective violations of this Article, and further shall specifically order that all normal operations be resumed at once. For just cause, the arbitrator is empowered to award damages for the violation of Paragraph 3.1, this Article. The award of the arbitrator shall be final and binding upon the parties. The award may be enforced in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may suspend or terminate this Agreement upon any appropriate court as soon as possible after its rendition with written notice to the Union party or parties against whom such enforcement is sought and each party hereby waives its right to remove any such effect, following which action initiated in a State Court to the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union such changes in wages, hours, and terms and conditions of employment of unit members covered hereby as are, in the sole judgment Federal Court. The fee of the District, arbitrator and all necessary and proper in order to restore and maintain efficient operation expenses of the school system. 3.3 Any unit member authorizinghearing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, work stoppage, or other concerted interference in violation of this Article, or refusing to perform duly assigned services in violation of this Articleincluding a stenographic reporter if employed, shall be subject to termination. The District reserves equally divided between the right to selectively discipline unit members hereunderparties. 3.4 In F. Neither the event that Association, nor its agents, shall purchase billboard, bench, newspaper, TV, radio, magazine or other advertisements disparaging PPH or its employees or management or services during the Union, its officers, agents or representatives, or the unit members or persons acting in concert with them have violated the provisions life of this Article over a grievance Agreement. G. Neither PPH, nor its agents, shall purchase billboard, bench, newspaper, TV, radio, magazine or a dispute which would otherwise properly be subject other advertisements disparaging the Association or its services or employees or management during the life of this Agreement. H. The Association will not place or cause anyone to resolution by submission to the grievance provisions of Article 5, the Union (and the unit members) shall be deemed to have waived the right to process the grievance place PPH or dispute through the grievance procedures and the grievance PPH’s products or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect theretoservices on any “We Do Not Patronize” or “Unfair” lists.

WORK STOPPAGE. 3.1 Apart from and in addition to existing legal restrictions upon work stoppages, A. Neither the Union hereby agrees that neither it nor its parent/affiliates nor their respective officersmembers, agents, representatives or membersagents or representatives, or the employees, or persons acting in concert with any of them, them shall incite, encourage, encourage or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatever whatsoever during the life of this the Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of Article 5, disputes which are specifically not subject to the grievance provisions of Article 5, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown slow down or work stoppage or threat thereof, the Union and its parent/affiliates and their respective officers, agents and representatives officers will do everything within their power to end or avert the samesame including, but not limited to, oral and written orders to the employees to report to work. 3.2 Upon B. The United Way shall not cause or engage in any lockout of its employees during the Union's violation term of Paragraph 3.1this Agreement. The term “lockout” does not include the discharge, and suspension, termination, retirement, layoff, or failure to recall to work employees by the United Way in addition the exercise of its rights as set forth in any provision of this Agreement. C. Neither the Union nor its members, or agents, or representatives or the employees, or any person acting in concert with any of them, will engage in any form of economic pressure by publications, advertisements, picketing, hand billing or otherwise, directed against the United Way, its owners or managers, or the products or services of the United Way. D. The Union will not place or cause anyone else to place the United Way or the United Way’s products or services on any “We Do Not Patronize” or “Unfair” lists. E. Disputes contending that there are violations of Paragraphs A, B, C or D of the Article shall not be subject to the District's rights to judicial relief grievance and arbitration provisions contained in Articles VII and VIII. F. Since time is of the form of injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Union to essence in settling such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union such changes in wages, hours, and terms and conditions of employment of unit members covered hereby as aredisputes, in the sole judgment event of a claimed violation or threat of violating any of the District, necessary and proper in order to restore and maintain efficient operation of the school system. 3.3 Any unit member authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, work stoppage, or other concerted interference in violation provisions of this Article, the party claiming such violation, in its sole discretion shall have the choice of pursuing independently or refusing concurrently the following course of action: i. Submit such claim to perform duly assigned services in violation of this Article, arbitration as follows: a) The claim shall be subject to terminationfiled orally with an Arbitrator of its choice and thereafter the other party shall be notified orally. The District reserves Arbitrator must be one of the right to selectively discipline unit members hereunder. 3.4 In the event that the Union, its officers, agents or representatives, or the unit members or persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance provisions of Article 5, the Union (and the unit members) shall be deemed to have waived the right to process the grievance or dispute through the grievance procedures and the grievance or dispute shall be deemed as having been finally settled, with prejudice, Arbitrator’s selected in accordance with Article VIII (B) of the District's last stated position with respect thereto.Agreement. The arbitration hearing shall be held within eight

WORK STOPPAGE. 3.1 Apart from and in addition to existing legal restrictions upon work stoppages, the Union hereby agrees that neither it nor its parent/affiliates nor their respective officers, agents, representatives or members, or the employees, or persons acting in concert with any of them, shall incite, encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatever during the life of this Agreement for any cause or dispute whatsoever or wheresoever located, including but not limited to disputes which are subject to the grievance provisions of Article 5, disputes which are specifically not subject to the grievance provisions of Article 5, disputes concerning matters not mentioned in this Agreement, disputes contending that the District has committed unfair employment practices, disputes with other labor organizations, persons or employers, or jurisdictional disputes. In the event of any strike, walkout, slowdown or work stoppage or threat thereof, the Union and its parent/affiliates and their respective officers, agents and representatives will do everything within their power to end or avert the same. 3.2 Upon the Union's violation of Paragraph 3.1, and in addition to the District's rights to judicial relief in the form of injunctions and damages, the District may suspend or terminate this Agreement upon written notice to the Union to such effect, following which the District shall have the right unilaterally to effectuate, without prior notification to or discussion with the Union such changes in wages, hours, and terms and conditions of employment of unit members employees covered hereby as are, in the sole judgment of the District, necessary and proper in order to restore and maintain efficient operation of the school system. 3.3 Any unit member employee authorizing, engaging in, encouraging, sanctioning, recognizing or assisting any strike, slowdown, work stoppage, or other concerted interference in violation of this Article, or refusing to perform duly assigned services in violation of this Article, shall be subject to termination. The District reserves the right to selectively discipline unit members employees hereunder. 3.4 In the event that the Union, its officers, agents or representatives, or the unit members employees or persons acting in concert with them have violated the provisions of this Article over a grievance or a dispute which would otherwise properly be subject to resolution by submission to the grievance provisions of Article 5, the Union (and the unit membersemployees) shall be deemed to have waived the right to process the grievance or dispute through the grievance procedures and the grievance or dispute shall be deemed as having been finally settled, with prejudice, in accordance with the District's last stated position with respect thereto.